Chapter 6-BL

an act of omission in violation of public law and punishable by the government

Actus reus

wrongful or overt act (one part of the crime)

Mens rea

criminal intent or mental fault (2nd part of the crime)

subject fault

purposeful, knowing, or reckless
A person purposely or intentionally if his conscious object is to engage in the prohibted conduct or to cause a prohibited result

objective fault

gross deviation from reasonable conduct
-careless and negligence
-occurs when a person should be aware of a substantial and unjustifiable risk that his conduct is prohibited or will cause a prohibted result

liability without fault

crime to do a specific act or cause a certain result without regard to the care exercised
like sale of adulterated food, narcotics w/out a perscription
most deal with health and saftey

felony

serious crime (any crime punishable by death or imprisonment in a penitentiary)

misdemeanoer

less serious crime
-any crime punishable by fine or imprisonment in the local jail

Vicarious liability

liability imposed on one for the acts of another
If you direct someone to steal, you are liable too

White-collar crime

nonviolent crime involving deceit corruption, or breach of trust includes things such as embezzlement and forgery

computer crime

crime by, with, or at a computer

Rico

federal law intended to stop organized crime from infiltrating legitimate businesses
criminal penealities to enterprises that engage in a pattern of raketeering, defined as the comission of two or more predicate acts within a period of ten yrs
racketeer influenced and corrupt organizations act

Larceny

trespassory taking and carrying away of the goods of another with the intent to permanently deprive
theif does not own the property

embezzlement

taking the property of one’s employer in a violation of trust
The theif lawfully possess the property

false pretenses

obtaining title to property of another by means of materially false representations of fact made with knowledge of their falsity and with the intent to defaud

robbery

larceny with two additional elements
1. the property is taken directly from the victim or the immediate presence of the victim
2. the act is accomplished through either force or the threat of force

burglary

breaking and entertering the home of another at night with the intent to commit a felony (law)
(statutes)
1. an entry
2. into a building
3. with the intent to commit a felony in the building

extortion

making threats to obtain property or money (blackmail)

Bribery

offering property to a public official to infuence the officials decision

forgery

intentional falsefication of a document in order to defraud

bad checks

checks issued with funds insufficient to cover them

Can-SPAM act of 2003

senders of spam should not mislead recipients as to the source or content of such mail and that recipients of spam have a right to decline to receive additional spam from the same source

defense of person or poperty

individuals may use reasonable force to protect themselves, other individuals, and their property
most cases deadly force is never reasonable to protect property, except in Texas we love to kill people for everything

Duress

coercion by threat or serious bodily injury
-a person who is threatned with immediate harm to himself or another person unless he engages in criminal activity

mistake of fact

honest and reasonable belief that conduct is not criminal is a defense. Drive away with someone’s car you think is your own

Entrapment

the act of a government official inducing another to commit a crime when that person would not have done so without the persuasion of the police official

determines whether there is probable cause
determine if the defendent is the one who committted the crime
-if the magistrate determine there is probabale cause she will bind the case over to the next stage information or indictment

indictment

grand jury charge that the defendanr should stand trial
only if it finsa sufficeint evidence to justify a trial brought on
the defendant is never before the grand jury

information

formal accusation of a crime brought by a prosecuter
a formal accusation of a crime brought by a prosecuting officer, not a grand jury

arraignment

accused is informed of the charge against him and enters a plea

exclusionary rule

prohibition against the introduction of illegally seized evidence

Probable cause

reasonable belief of offenses charged

Sarbanes-Oxley Act

established new criminal penalities including
1. making a crime to defraud any person or to obtainany money or property fradulently in connection with any security (25 years)
2. up to 20 years for destoying or falsifying any document with the intent of impending a federal investigation

Computer fraud and abuse act

any computer used in interstate commerce or communications
1. assess or damage it without authorization
2. assess it with the intnet to commit fraud
3. to traffic passwors for it
4. to threaten to cause damage it with intent to extory money of anything of value

1. criminal law established duties, the violation of which constitutes wrongs against other individuals

false, violation wrongs against the community but yes it does establish duties

2. Mala prohibita means the conduct is wrong itsekf or morally wrong

False,
mala prohibita: is not morally wrong but wrongful by law
mala in se: wrong in themselves of morally wrong

3. A corporation cannot be held criminally liable, because a corporation cannot possess the requisite criminal act

false
under certain circumstances a corporation may be convicted of crimes and punished by fines

4. the most sever punishment against a corporation would be removal of its corporate charter

true

5. A grand jury issues a decision called an indictment

true

6. To establish the crime of larcey, it is not necessary to prove that there was an intent to deprive the victim permanently of her goods

8, the exclusionary rule prohibits illegally seized evidence from being introduced into court

true

9. the sixth amendment provides the right to jury trial

true

10. in a criminal trial, the prosecution must establish guilt beond a reasonable dout

true

11. the right to counsel is found in the fifth amendment

false, the sixth amendment provides a right to counsel

12. Duress can never be raised as a defense to the commission of a crime

false, it can

13. A woman may use deadly force to protect herself against an attack that threatens death or serious bodily harm

true

14. A pattern of racketeering under RICO is defined as the commission of two or more predicate acts within a period of ten years

true

15. the privilege against self-incrimination extends to both physcial evidence and testimonial evidence

false, only testimonial evidence

1. Which of the following would not be a defense available to a criminal defendant
A mistake of fact
B entrapment
C Duress
D contributory negligence

D

2. Generally a crime consists of which of the following
A a wrongful or overt act
B The requisite of criminal intent
C both
D none

C

3. A crime punishishable by fine or imprisionment in a local jail is called a:
A misdemeanor
B felony
C White collar crime
D mala in se

A

4. Which of the following crimes involdes an intentional misrepresentation of fact in order to defraud another
A extortion
B robbery
C burglary
D false pretenses

D

5. The stage of a criminal trial when the defendant is brought before the court, informed of the charge and allowed to enter a plea, is the:
A preliminary hearing
B arraigment
C sentencing
D indictment

B

6. taking the goods of another with the intent to permanently deprive them is:
A extortion
B robbery
C embezzlement
D larceny

D

7. Which of th following is not an esstential element of ribbery
A non-trepassory taking
B carrying away another’s personal property
C directly from the voctim in the victim’s presense
D with the intent to deprive the victim permanently of the goods

9. The right to be represented by legal counsel:
A the sixth amendment
B the fourth amendment
C fourteenth amendment
D custom

A

10 Computer crime involves the use of a computer:
A steal money or services
B remove personal or business information
C tamper with information
D all of the above

D

11. A warrant is not required for a search by the police when
A they have just witnessed a crime
B the homeowner agrees to allow the police to enter ans search her garage
C They would like to wiretap the phone of a suspected drug dealer
D a & b

D

12. violations of RICO could be considered
A a civil wrong
B criminal wrong
C a&b
D none

C, the act subjects to severe civil and criminal pentalities enterprises that enegage in rackteering

when police dont need a warrant

1. hot pursuit of a fugitive
2. subject of the search voluntarily consents
3. emergency requires such action
4. there has been a lawful arrest
5. evidence of crime in plain view by a law enforcment officer
6. delay would present a signficant obstacle to the investigation

13. The rule which prohibts the introduction of illegally seized evidence is the
A mala in se rule
B exclusionary rule
C due process rule
D predicate act rule

B

14. How are crimes distinguished from other forms of
unlawful conduct
A they are prosecuted by the victims
B the result in payment of dmages to the victim
C they are offenses against all of society and are punishable by fine and or imprisonment
D all of the above

C

15. Company knew of unsafe consitions and did nothing about it and someone dies
A the officiers only would be liable
B the compnay would be liable
C both the officers and the company would be liable
D neither would be liable

C

1. Distinguish between a tort and a crime and identify the essential elements of a crime

Both crimes and torts involve breaches of duty. In criminal law, the duty is one owed to society as a whole and punishment can be fines, imprisonment, or even death. Elements necessary in order to obtain a conviction are the actus reus, the wrongful act, and the mens rea, or criminal intent. Tort law involves a wrong committed against another individual and punishment includes injunctions or fines.

2. discuss the four defenses most relevant to white-collar crimes and crimes against business

The four defenses most relevant to white-collar crimes and crimes against business include: (1) defense of person or property which allows individuals to use reasonable force to protect themselves, others, and their property, and deadly force to protect themselves and others if they are threatened with death or serious bodily harm; (2) duress, which is coercion by threat of serious bodily injury; (3) mistake of fact which occurs if persons honestly and reasonably believe the facts to be such that their conduct would not constitute a crime; and (4) entrapment which arises when a government official induces persons to commit a crime they would not otherwise commit.

3, state the purpose of RICO act

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted to terminate the infiltration of organized crime into legitimate business. The act subjects enterprises that engage in a pattern of racketeering to severe civil and criminal penalties.

5. identify and discuss the major constitutional protections for the accused in our criminal justice system

The Fourth, Fifth, and Sixth Amendments to the U.S. Constitution provide important protections for those accused of criminal conduct. The Fourth protects all persons against unreasonable searches and seizures, thereby protecting privacy and safeguarding against arbitrary invasions by governmental officials. The Fifth Amendment protects persons against self-discrimination, double jeopardy, and being charged with a capital or infamous crime except by grand jury indictment. The Sixth Amendment ensures that the accused shall receive a speedy and public trial by an impartial jury. All of these protections are extended to state actions by the Fourteenth Amendment.

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